With the football season coming to an end, some teams who failed to make the playoffs have started the offseason with the mindset of “out with the old and in with the new” when it comes to head coaches. Among those fired was Brian Flores, former head coach of the Miami Dolphins, whose termination and hiring process was different than some of his peers.

Recently, Brian Flores released a statement claiming that during his interview process now, and in prior years, he was overlooked due to his race, and that the NFL was in violation of the Rooney Rule. The Rooney rule was implemented in 2003 after being recommended by the league’s workplace diversity committee and aimed to provide a solution to the leagues historically low number of minorities in positions of power. The policy requires teams to interview, at minimum, two external minority candidates for consideration during the hiring process. Brian Flores believed that a few years ago during the off season the Broncos, and this season the Giants, only considered him as a formality to check a box on their hiring process; never truly considering him for the position. Brian Flores felt that the Rooney Rule, a policy enacted to give minority coaches a chance at being hired for a front office position, was not being implemented.

Like the NFL, in Texas, there are policies and laws that aim to protect workers from discrimination, one of the most applicable to this situation is legal protections when someone faces discrimination when they have an instance of failure to hire or promote. These cases can be proven if they meet a few criteria such as being a member of: (1) a protected class; (2) applied to a job they were qualified for and that was available; (3) and was not hired despite being qualified and that same job was not filled or given to someone not in a protected class. Intent in employment law is often key, and there are times where the applicant is able to prove that a discriminatory reason as more likely to motivate the employer compared to the explanation the employer gave.

The Texas Labor Code and Title VII of the Civil Rights Act of 1964 are both examples of laws that aim to protect employees against discriminatory employment practices. Similar to the Rooney Rule in the NFL, these policies are put in place for protection, but can be difficult to prove unless the employer’s intentions were proven to be for discriminatory reasons.

You may want to seek legal representation in cases where you feel you have been discriminated against during a job application process. If you feel like you have case for discrimination in the hiring or promotion process, speaking with an employment attorney will give you the chance to understand the legal aspects of your case.